Top 10 Legal News of 2024 | Yearly Roundup

Law Commission, anti-paper cheating law, new lady justice and more! As we bid farewell to 2024, the year has been monumental for the legal landscape in India. This year, many events made headlines, from conflict between two countries (Russia-Ukraine war) to Lok Sabha and state assembly elections. 

So, whether you are from a legal background, preparing for civil services or just curious about the latest legal developments, these legal current affairs will give you a glimpse into how the law continues to evolve and impact our daily lives. Here are the 2024's top 10 legal headlines!

#10. Happy 75th Anniversary Constitution

26 November 2024 marked the 75th anniversary of adopting the Constitution of India, called Constitution Day, or 'Samvidhan Divas'. 

Why do we celebrate Constitutional Day?

• On 26 November 1949, the Indian Constituent Assembly formally adopted the Constitution, enacted on 26 January 1950, establishing India as a sovereign, democratic, republic- marking the birth of the Republic of India. 

• In 2015, the Government of India formally declared 26 November as Constitution Day (Samvidhan Divas) to honour the adoption of the Indian Constitution in 1949. 

• Celebrating Constitution Day honours the sacrifices and efforts of the Constitution's framers. It reinforces the importance of constitutional values like democracy, liberty, equality, and fraternity.

• It encourages citizens to understand and appreciate their rights and responsibilities. It inspires future generations to uphold the values enshrined in the Constitution.

A Brief History of the Indian Constitution:

The Constituent Assembly:

• After gaining independence in 1947, India formed a Constituent Assembly with representatives nationwide to draft the Constitution.

• As chairman of the drafting committee, Dr. B.R. Ambedkar played a pivotal role in shaping the document.

• The drafting process began on 9 December 1946 and concluded on 26 November 1949, taking nearly 3 years.

Amendments & Milestones of the Constitution:

The Indian Constitution has evolved through a total of 106 amendments, adapting to societal and governance needs. Notable amendments include:

1. 1st Amendment (1951) allowed restrictions on certain fundamental rights.

2. 42nd Amendment (1976) made significant changes during the Emergency period, including the inclusion of the words “socialist" and “secular."

3. 73rd and 74th Amendments (1992) introduced constitutional recognition for local self-government (Panchayats and Municipalities).

4. 86th Amendment (2002) provided the right to education until the age of 14.

5. 101st Amendment (2017) introduced the Goods and Services Tax (GST).

Also read- Top 10 Constitutional Law Cases of 2024

#9. 23rd Law Commission

The Ministry of Law and Justice established the 23rd Law Commission for a 3-year term from 1 September 2024 to 31 August 2027. Continuing the work of the 22nd Law Commission (established in 2020), the 23rd Law Commission has been tasked with reviewing existing laws to ensure alignment with the Directive Principles of State Policy.

What is the Law Commission?

• The Law Commission is a non-statutory advisory body, established by the Ministry of Law and Justice through a government notification.

• Its primary role is to conduct research and recommend legal reforms.

• The Commission is constituted for a fixed term.

Terms of Reference

• Analyze laws concerning the Directive Principles of State Policy and recommend reforms for achieving the objectives of the Preamble.
• Examine the effects of globalization on food security and unemployment.
• Propose enhancements to the judicial system to ensure efficiency and responsiveness.
• Focus areas include reducing delays, simplifying High Court rules, and creating a case flow management system.

Functions of the Law Commission

1. Review and Repeal of Obsolete Laws: Identify outdated laws and recommend their repeal.

2. Laws Impacting the Poverty: Assess socio-economic legislation to ensure they serve their intended purpose.

3. Proposing New Laws: Suggest laws that promote the Directive Principles of State Policy and uphold constitutional values.

4. Judicial Reforms: Analyze and provide recommendations for improving judicial administration.

Notable Reports by the Law Commission

• Report No. 283 (Sep 2023): Age of Consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

• Report No. 271 (July 2017): Human DNA Profiling.

• Report No. 273 (Oct 2017): Implementation of the United Nations Convention Against Torture.

• Report No. 274 (April 2018): Review of the Contempt of Courts Act, 1971.

Also read- Top 25 Supreme Court Judgments of 2024

#8. Anti-Paper Cheating Act

The Public Examinations (Prevention of Unfair Means) Act 2024 took effect on 21 June 2024, marking a significant milestone in India's efforts to combat exam malpractices. 

What is Anti-paper Leak Law? 

This law aims to tackle exam fraud by introducing strict penalties to ensure fairness in competitive exams like UPSC, SSC, RRB, IBPS, JEE, NEET, and CUET. Individuals caught cheating can face 3-5 years of imprisonment and fines up to ₹10 lakh, while organized exam fraud can lead to 5-10 years of imprisonment and a minimum fine of ₹1 crore.

What are Key Provisions of Anti-paper Leak Law?

#7. New Lady Justice

The Supreme Court of India has revealed a six-foot-tall statue of "Lady Justice," which reimagines the traditional image of justice. Traditionally, Lady Justice is shown as a blindfolded woman holding scales and a sword. But this new statue is different.

Key Features of the New Statue:

• Unveiling: The statue was unveiled by Chief Justice of India, D.Y. Chandrachud, with a special message that "law is not blind; it sees everyone equally."

• Saree-Appearance: The statue is dressed in a saree instead of the usual robe, symbolizing Indian culture and moving away from colonial influences.

• Constitution Instead of Sword: Instead of holding a sword, Lady Justice holds the Constitution of India, showing that Indian law is based on fairness and knowledge, not just punishment.

Cultural and Legal Significance of New Lady Justice:

This reimagining aligns with broader efforts to decolonize India's legal system, such as replacing colonial-era laws like the IPC, CrPC and IEA. The new Lady Justice reflects an evolving judiciary that values fairness, wisdom, and cultural identity while upholding the rule of law.

Traditional Depiction of Lady Justice: 

• Traditionally, the blindfold symbolised equality before the law, implying that justice should be delivered impartially without being swayed by the parties' wealth, power, or status.

• The sword historically represented the authority of the law and its power to punish wrongdoing.
  
  Despite the changes, Lady Justice's right hand still has the scales of justice, representing societal balance and the importance of carefully weighing facts and arguments from both sides before reaching a verdict.

#6. Rules to Implement CAA

The Citizenship (Amendment) Act (CAA) of 2019 aims to grant citizenship to illegal migrants from Afghanistan, Bangladesh, and Pakistan who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian faiths. The Ministry of Home Affairs has notified the CAA Rules, 2024, which implement the Citizenship Amendment Act passed in 2019. However, the Act has faced criticism for allegedly violating the Right to Equality under Article 14 of the Constitution.

About the Citizenship Amendment Act (CAA) 2019

India's citizenship laws are based on the Constitution, particularly Articles 5-11 and the Citizenship Act of 1955. This Act outlines how citizenship can be obtained by birth, descent, registration, or naturalization.

Key Features of the CAA 2019:

• Eligibility:

  • The CAA amended the Citizenship Act of 1955 to provide citizenship to illegal migrants from Afghanistan, Bangladesh, and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.

  • These migrants, who entered India on or before 31 December 2014, will not be treated as illegal immigrants and can apply for Indian citizenship.

  • However, the Act excludes Muslims from this provision.

• Who are Illegal Migrants?

  • An illegal migrant is someone who enters India without valid documents or stays beyond the allowed time. Such individuals may face legal actions, including prosecution or deportation.

• Relaxation:

  • The CAA reduces the residency requirement for these communities to acquire citizenship from 11 years to 6 years.

  • It also provides exemptions from prosecution under the Foreigners Act of 1946 and the Passport Act of 1920 for these migrants.

• Exceptions:

  • The CAA does not apply to certain tribal areas in Assam, Meghalaya, Mizoram, and Tripura, nor to states under the Inner Line Permit system (regulated by the Bengal Eastern Frontier Regulations of 1873).

• Consequences of Acquiring Citizenship:

  • Once granted citizenship, these migrants will be considered Indian citizens from the date they entered the country, and any legal proceedings against them for illegal migration will be closed.

• Grounds for Cancelling OCI Registration:

  • The Citizenship Act of 1955 allows the central government to cancel Overseas Citizen of India (OCI) registrations on various grounds. The amendment adds a new reason for cancellation if an OCI holder violates any government-notified law.

#5. HP's Marriage age for Women is 21

The Himachal Pradesh (HP) Assembly passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, which seeks to raise the minimum marriageable age for women from 18 to 21 years. This Bill amends the Prohibition of Child Marriage Act, 2006 (PCMA 2006) to promote gender equality and encourage higher education for women. The move has sparked considerable debate due to its implications for gender equality and its potential need for presidential assent.

What does HP's Bill on Women's Minimum Marriage Age Entail?

• Redefinition of 'Child':

  • Section 2(a) of the PCMA 2006 defines a “child” as a male 21 or a female under 18.

  • The Bill removes this gender distinction, defining a “child” as anyone under 21 years of age, irrespective of gender.

• Extension of Petition Period:

  • The Bill extends the time period for filing a petition to annul a marriage. Under the PCMA 2006, a person who was a minor at the time of marriage could file for annulment within 2 years of reaching adulthood (before turning 20 for women and 23 for men).

  • The new Bill extends this period to 5 years, allowing both women and men to file petitions before they turn 23, in line with the new minimum marriageable age of 21 years.

• Precedence Over Other Laws:

  • A new provision, Section 18A, ensures that the provisions of this Bill take precedence over existing laws and cultural practices, establishing a uniform minimum marriageable age across Himachal Pradesh.

Also read- What are Gender-Biased Laws in India?

#4. Waqf Amendment Bill

The Waqf (Amendment) Bill 2024, introduced in the Lok Sabha on 8 August 2024, seeks to reform the governance of Waqf properties by amending the Waqf Act of 1995. With its emphasis on transparency, accountability, and efficiency, the Bill aims to address persistent issues in managing Waqf properties while making the system more inclusive.

What is a Waqf Property?

A Waqf is a property Muslims donate for a religious, charitable, or private purpose. Property ownership is considered to belong to God, while its benefits are directed to the specified purposes.

A Waqf can be established through a written deed, legal instrument, or orally. Once declared Waqf, the property's status is permanent and irreversible.

Key Provisions of Waqf Amendment Bill 2024

The Bill proposes renaming the Waqf Act 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act of 1995. Here are the main changes:

• Waqf Formation: Waqfs can be created by (i) declaration, (ii) recognition of long-term use, or (iii) endowment when succession ends. 

• Only practising Muslims for at least 5 years can declare waqfs, with property ownership mandatory.

• Govt properties identified as waqf will revert to state ownership. In disputed cases, the district collector will determine ownership.

• The Waqf Board's power to determine waqf properties is removed.

• Collectors will conduct waqf surveys under state revenue laws.

• 2 non-Muslim members are added to the Central Waqf Council. MPs, judges, and eminent persons need not be Muslims. However, Muslim members must include 2 women.

• State governments will appoint representatives to the Waqf Board, including two non-Muslims and members from Shia, Sunni, and backward Muslim communities. Women's representation remains mandatory.

• Muslim law experts are removed from Tribunals. It will include a District Court judge and a state officer of joint secretary rank.

• Tribunal decisions can be appealed to the High Court within 90 days.

• The central govt. can set rules on registration, waqf accounts, and Board proceedings. The CAG can conduct audits.

• Separate Waqf Boards are allowed for Bohra and Agakhani sects.

#3. Uttarakhand's Uniform Civil Code

Uttarakhand will become the first Indian state to implement the Uniform Civil Code starting in January 2025. The Assembly passed the UCC Bill on February 7, 2024, marking a significant milestone.

What is the Uniform Civil Code?

The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy-  that the state should work to establish a UCC for all Indians. But, the Constitution's framers left it to the govt's discretion to implement the UCC.

The UCC aims to replace the personal laws of every religion, focusing on marriage, divorce, adoption, and inheritance. It will be a single set of personal laws that would apply to all citizens, regardless of religion.

Key Proposals of UCC:

• Prohibition of polygamy, nikah halala, iddat, triple talaq, child marriage

• Uniform age for girls' marriage across all religions

• Mandatory registration of live-in relationships.

Significance of UCC:

• Focus on gender equality by treating men and women equally in inheritance and marriage.

• Extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.

Exemptions under UCC: Scheduled tribes (STs) have been exempted. The state's tribal population, which is around 3%, had been voicing its dissent against UCC in the wake of the special status accorded to them.

Concerns of UCC:

• The minimum age for marriage is set to remain the same: 18 for women and 21 for men.

• The mandatory registration requirement for a live-in relationship & its criminalisation if certain conditions are not complied with

#2. 3 New Criminal Laws

On 1 July 2024, three new laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—replaced the colonial-era IPC, CrPC, and Indian Evidence Act, respectively.

Highlights of the New Criminal Laws:

• Objective: Aim to replace colonial-era punishments with a justice-focused approach, integrating technological advancements in police investigations and court procedures.

• New Offences: New offences include terrorism, mob lynching, organized crime, and enhanced punishments for crimes against women and children.

•  FIRs: First information reports can now be filed online through the Crime and Criminal Tracking Network Systems (CCTNS), allowing e-FIRs and zero FIRs in multiple languages without needing to visit a police station.

• Evidence of Crime: eSakshya, a mobile app for police to record and upload evidence of crime scenes, has developed systems in various states based on their capabilities. For ex, the Delhi Police have developed an e-pramaan application.

Key Points in New Criminal Laws:

• Introduces community service as punishment for petty offences.

• A terrorist act is defined as one intending or likely to threaten India's unity, integrity, sovereignty, security, or economic security, or acts intended or likely to strike terror among the people.

• Mob lynching is now punishable by death or life imprisonment if committed by five or more on grounds such as race, caste, community, sex, place of birth, language, or personal belief.

• Videography is compulsory during search and seizure. No charge sheet is valid without such recording.

• The court will release a first-time offender who has served a third of the jail term on bail.

• Forensic experts should be used when the punishment includes seven or more years in jail.

Also read- New Sections of Criminal Provisions in New Criminal Laws 

#Bonus: Aparajita Bill (Bengal Anti-Rape Bill)

The West Bengal government has passed an anti-rape amendment bill titled Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, seeking to amend the punishment for sexual crimes such as rape and to impose time-bound limits for the conclusion of investigation and trial in rape cases. 

This bill is in direct response to the brutal rape and murder of a resident doctor at the government-run RG Kar Medical College and Hospital, which led to widespread protests all across the country.

Key Provisions of Aparajita Bill:

📌 Death Penalty for Rape: Capital punishment for those convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

📌 Time-Bound Investigations and Trials: Rape cases investigation must be concluded within 21 days of the initial report. This is a substantial reduction from the previous 2-month deadline. 

📌 Fast-Track Courts: Establishment of special courts dedicated to handling cases of sexual violence for speedy justice.

📌 Aparajita Task Force: Creation of the specialised task force at the district level, headed by a deputy superintendent of police. 

📌 Stricter Penalties for Repeat Offenders: Life imprisonment for repeat offenders, with the possibility of the death penalty if the circumstances warrant it.

📌 Protection of Victims' Identities: Protect victims' identities to ensure their privacy & dignity during the legal process. 

📌 Penalties for Delaying Justice: Penalties for police & health officials who fail to act promptly or tamper with evidence. 

West Bengal's Governor has reserved this bill for the President's consideration.

Also read- History of Women's Protection Laws in India

#1. One Nation One Election

The Union Cabinet approved the ambitious "One Nation, One Election (ONOE)" plan, marking a historic move towards synchronizing India's electoral processes. Based on the recommendations of a high-level panel chaired by former President Ram Nath Kovind, this initiative seeks to amend multiple constitutional articles to enable simultaneous elections for the Lok Sabha and state Assemblies. The plan is set to be implemented in 2 phases.

Recommendations by the ONOE Panel

The ONOE panel, led by former President Ram Nath Kovind, proposed 11 recommendations to align elections for the Lok Sabha, state assemblies, and local bodies.

Phased Synchronization:

• Phase I: Align election dates for the Lok Sabha and state assemblies.

• Phase II: Synchronize municipal and panchayat elections within 100 days of the Lok Sabha and state elections.

Historical Evolution of ONOE in India

• Pre-Independence: The idea of simultaneous elections dates back to the colonial era under the Government of India Act, 1935.

• Post-Independence (1952–1967): India conducted synchronized elections for the Lok Sabha and state assemblies in 1952, 1957, 1962, and 1967.

• Disruption (1968–1969): Premature dissolutions in Haryana and Kerala disrupted the cycle, and the Lok Sabha's 1970 dissolution further altered the alignment.

• Recent Attempts: Reports from the Law Commission (1999), Parliamentary Standing Committee (2015), and NITI Aayog (2017) have advocated reintroducing ONOE.